28 Mar 2017

A question about : Dell charging Ј20 to return under Distance Selling?

Here's my story:

1. I ordered a Dell Mini notebook on the 5th Feb
2. It arrived today (26th)
3. I notice that the price has dropped Ј50 on the website. Don't know when this happened but it happened before the notebook was delivered to me
4. I ask for a refund of the Ј50
5. Dell say No way
6. I say, OK, well I want to return this item -- distance selling regs. I intend to reorder at the lower price. Even with the cost of returning the item, I'll still be up about Ј40.
7. Dell say that I must pay them a Ј20 return charge.

I think they're wrong here and that I should be able to return it myself (it's only a tiny netbook -- about a tenner in postage with insurance).

Can they charge me a fee to return the item and, if they point blank refuse unless I do so, and they don't issue a returns number, can I just go ahead and return the item?

Here's what I've been using for guidance:

https://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

Best answers:

  • I thought that, under the distance selling regulations, Dell must not charge you for returning an item, as you are entitled to inspect the goods at home.
    Hopefully someone else will be able to come along and confirm.
  • I've had a look through for you, and it states -

    What specifically do I have to refund to the consumer if
    they cancel?
  • Whilst I do not work for Dell, and have had no direct experience with them, I do work in the returns department of a large Internet retailer.
    Under the DSR, you have a right to return an item to the retailer so long as you notify them within the prescribed time period.
    Whilst they are allowed to expect you to return the item at your own cost, or arrange collection and levy a charge, they cannot simply charge you for the right to return - whether they call it a "restocking fee" or otherwise.
    If they're playing silly beggars, post the item back to them (using a recorded delivery method, or a courier) along with a letter stating that you wish to reject the goods under your rights as a consumer, as prescribed by The Consumer Protection (Distance Selling) Regulations 2000 as amended, and that you expect to receive a full refund of your original purchase price along with any carriage costs that you paid originally.
    If they still don't play ball, contact your local trading standards office with a copy of the letter you sent along with the proof of delivery showing they have received the goods back.
    Good luck!! It really annoys me when retailers try to get out of their obligations like this...
  • If the price had gone up, would the buyer be prepared to pay the higher price?
  • Well, it looks like Dell will let me return the item. It took three attempts, during which they said the same thing in terribly bad English (i.e. pay us Ј20), but they're now providing me with a returns number and address.
    Sadly, they aren't shifting on simply refunding the Ј50, which would save both of us money and hassle. They're losing not only the cost of shipping, but they'll have to sell the returned item for a discount because it's now used. And these items now sell for Ј50 less, so they're actually losing quite a bit of cash here.
    Oh well. This hasn't been a pleasant experience, and it's the last time I'll be ordering from Dell. In the past I've been one who advised people to order from them too. Well done, Dell!
  • Get yourself an Acer Aspire One. I've read bad reviews of the Dell (slow).
  • You can sent the item back using your own courier which will be about Ј10 if you wanted
  • Im a seller, so I'm pretty familiar with the distance selling regulations.
    First I dont think Dell are acting dishounourably, and are not breaking the law. If you were happy to buy at the old price, thats the price you offer to pay, they accept your offer and you both do the deal.
    Deanos has a really good point- You dont have to use Dells return carrier, you can use your own, if that will save you money. So long as it gets there in one piece and you want to have proof (signed for) in case of any problems.
    Legally if you have simply changed your mind, under the distance selling regulations it is up to you to pay for the cost of returns. (unless they have missed this in their terms and conditions).
    If its any consolation, everything I seem to buy turns up at half price a fortnight later too
    last year - LCD telly, two weeks later Ј200 less. Graphics card, a month later Ј50 less, SD cards Ј20 before christmas, boxing day Ј9.99..... you have 100 percent sympathy!
    The best you can hope for in these circumstances is a goodwill gesture from the seller.
  • There was a thread about retuning goods under the DSR in the old Vent, Bent Heaven forum. In that thread there was a link to the relevant sections and they actually stated that the retailer is liable for the return postage as well!!
  • the retailer is always liable for the return postage if the item is faulty, wrong item sent, received damaged etc.
    But not if the customer simply changes their mind, or wishes to return an item that is not faulty. The exception is where the retailer has omitted to point this out in their terms and conditions
    Dell are offering to collect the item for a charge, and once collected they have full responsibility for making sure it gets back to them.
    If you do use your own carrier/parcelforce or whatever, if for any reason it gets damaged or goes missing you are up the creek without a paddle - specially on an expensive item which needs insurance cover.
    It is also the retailers full responibility to make the terms and conditons reasonably easy to find before you complete the transaction (before you pay for it rather than afterwards).
    Pretty much, your consumer rights are same as if you bought from a bricks and mortar shop, with the bonus of a 7 day (or longer at the retailers discretion) change-your-mind period. (as Tomwakefiled posts above)
    The situation in the OP is the same as buying a DFS sofa before the sales and trying to get some money back when the sofa you bought turns up cheaper a week later. Worth a try, but down to the retailers good will in the end.
    How much do Dell value your future business, or are there plenty more fish in the sea as far as they are concerned? Plus you have to remember that big compamnies also have duties to their shareholders not to give away profits unecessarily. so the bigger the firm the less flexability managers and returns depatrtments have. If they refund this one Ј50, they might have to refund 1000s of other customers.
    I've bought from Dell before, as I use some computers for my business. There is very little wrong with Dell's customer service or their products usually, but it isn't the same as buying from your local computer shop where you might be in aith a fighting chance of the boss giving a refund or splitting the difference.
    I'd still persist in asking a few more times, though. You might get lucky after all. Nothing ventured, nothing gained.
  • Always best to go with their postage, even if it does cost you. I sent a faulty phone back to O2 once (value about Ј200) and it just didn't turn up. Somebody somewhere must have pocketed it. But then, it was faulty!
Category: 
Please Login or Register to reply to this topic